MYTH: Any employee of the University may join a union.
FACT: State law (§39-31-201, M.C.A.) provides public employees the right to form or join a union or assist any labor organization/union with the following exceptions:
- Confidential Labor Relations employee means any person found by the board to be a confidential labor relations employee and any person employed in the personnal division, department of administration, who acts with discretionary authority in the creation or revision of state classification.
- Management officials defined as a representative of management having the authority to act on behalf of the University on any matter relating to implementation of University policy;
- Supervisory employees defined as an individual having the authority on a regular, recurring basis while acting in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees or to effectively recommend the above actions if, in connection with the foregoing, the exercise of the authority is not of a merely routine or clerical nature but requires the use of independent judgment.
Note: Some collective bargaining agreements have minimum FTE assignments and length of employment before being a member of a particular union.